1985 P Cr (PLP)

"Muhammad Amir, respondent, is my real father. Three months back, I was married to Muhammad Akram, petitioner, who is present in Court and whom I recognize. I lived with him for about one month. Thereafter, my father, the respondent, and my mother, came to my matrimonial home and took me to their house. About eight days back, my father, Muhammad Amir, respondent, chained me up by chaining my leg with an iron chain, the other end of which was tied to a cot. Yesterday, the Bailiff of this Court came to my residence and had me unchained. The Bailiff got the chain removed by having the rivets broken by my father. I have been illegally detained by my father against my wishes. I want to go and live with my husband Muhammad Akram, petitioner. The iron chain with which I was confined, I produce in Court. The same is Exh. P.1. (Memo. Exh. P.A.)." Statement of Muhammad Akbar son of Barkat Ali, aged 53 years, caste Rajput, Bailiff, Lahore High Court, Lahore, on S.A.:‑‑ "On 1‑8‑1984 I and Muhammad Akram, petitioner, and his brother went to recover Mst. Kalsoom Begum from the residence of Muhammad Amir, her father. 1 went to Police Station Warburton, Tehsil Nankana Sahib, District Sheikhupura, from where I took assistance of the police. Faiz Ahmad H.C. No.149, Muhammad Boota F.C. No.705 and Muhammad Ali F.C. No‑811 were deputed by the Police Station to assist me. My departure from the Police Station was also recorded at that Police Station vide Roznamacha Report No‑11, dated 1‑8‑1984, an attested copy of which I herewith produce as Exh. P.2. I reached the residence of Muhammad Amir, respondent, at about 4‑40 p.m. In the courtyard of the house I found Mst. Kalsoom, detenue, chained to a cot. Muhammad Akram, petitioner, identified the said lady as the detenue. I disclosed my identity to Muhammad Amir, respondent, read out the order of this Court to him as well as to the detenue and directed the respondent to unchain the detenue. This he did by bringing a chisel and hammer, with which he broke the rivets. One end of the chain was tied to a cot. Mst. Kalsoom Begum present in Court is the same lady whom I recovered from the house of the respondent." This is a petition under section 491, Cr.P.C. by Muhammad Akram, petitioner, for the recovery of his wife, Mst. Kalsoom Begum, from the illegal custody of her father, Muhammad Amir, respondent.

2. Pursuant to the order of this Court, dated 1‑8‑1984, Mst. Kalsoom Begum, detenu, has been recovered by Mr. Muhammad Akbar, Bailiff, from the custody of Muhammad Amir, respondent, her father, and has been produced in Court. The statements of the detenue and the Bailiff have been recorded. From the statement of the detenue it appears that she was married to Muhammad Akram, petitioner, three months back and that she resided with him for about one month, whereafter she was brought to her parental house by her parents, where about eight days back her leg was chained to a cot with an iron chain. According to the statement of the detenue, she had been detained by her father against her wishes and she desires to join her husband, Muhammad Akram, petitioner, and to reside with him. The statement of Mr. Muhammad Akbar, Bailiff, shows that on 1‑8‑1984, he alongwith Muhammad Akbar, petitioner, and his brother reached Police Station Warburton, from where he took police assistance and had his departure recorded, vide Roznamcha Report No.11, dated 1‑8‑1984. With the police force he reached the residence of Muhammad Amir, respondent, at about 4‑40 P.m., where he found Mst. Kalsoom Begum, detenue, in the courtyard of his house with her leg chained with an iron chain to the leg of a cot. She was identified by the petitioner. Thereafter, he read out the order of this Court to the detenue and the respondent. He got the detenue unchained through the assistance of the respondent.

3. On behalf of the respondent it is contended that Mst. Kalsoom Begum, detenu, is a minor, that she was abducted by the petitioner on or about 7th July, 1984, that the respondent went to the police station to register a case, but the police did not register the case but had the detenue returned through Panchayat and that the detenue was so returned three days back. It is further submitted that the respondent did not chain his daughter at all to any cot, as alleged.

4. I am not impressed by the contentions raised on behalf of the respondent. The detenue appears to be a girl who has passed the age of puberty. A photostat copy of the Nikahnama evidencing the marriage of the detenu with the petitioner has also been placed on the record. Taking all circumstances into consideration, it appears that the detenue, who was married to the petitioner, is being illegally detained by the respondent. The detenue is, therefore, set at liberty. According to her wishes, she is placed in the custody of Muhammad Akram, petitioner, with whom she can go. .

5. From the statements of the detenu and the Bailiff, it appears A that the detenue was chained by the respondent with an iron chain, like some head of cattle. He illegally confined her in his house duly chained for eight days. The S.H.O., Police Station Warburton, is hereby directed to register a case in the said connection. Certified copies of the statements of the detenue and the Bailiff recorded by this Court today, together with the iron chain Exh. P.1 and the certified copy of Roznamcha Report No.11, Exh. P.2, should be sent to this Police Officer.

6. The Police Guard is directed to give protection to the petitioner and the detenue upto the Bus Stand, Yateemkhana, Lahore. S. G. D. Detenu released.